Mr J De Jesus Junior v Cote Restaurants Ltd and others: 3307857/2020
JUDGMENT
[1]The hearing proceeded in accordance with Rule 21, neither R2 nor R4 having submitted a response. I refused R4’s application for extension of time to do so, but allowed it to participate in the hearing by cross-examining the Claimant and making submissions, on both liability and remedy.[2]I am not satisfied that the claim has been brought to R2’s attention and so no judgment is entered against him.[3]R4 is liable for direct discrimination because of race based on the acts referred to in paragraphs 17, 8, 9, 11, and 15(e) of the Grounds of Complaint. The acts described in paragraph 17 are in time as being part of a continuing act.[4]The remaining allegations of race discrimination fail and are dismissed. All the allegations of harassment related to race and of victimisation fail and are dismissed.[5]There are no financial losses flowing from the acts of discrimination.[6]The acts of discrimination caused injury to feelings, and the award for compensation for that is assessed at £10,000.[7]I also award interest on that sum at 8% per annum for the period 15 April Case No: 3307857/2020 2020 to 8 June 2023, which is 1149 days. The sum for interest is £2518.36.[8]Therefore, Greenfield Food Supply Ltd (R4) is ordered to pay the aggregate sum of £12,518.36 to the Claimant.[9]The recoupment regulations do not apply.